Telangana HC: College Cannot Withhold Doctor's Original Certificates Over Bond Breach; Remedy Is a Money Suit

A Division Bench set aside a Single Judge's order and directed a super-specialty college to return twelve original certificates to a DM/MCh graduate within one week, holding that the college has no lien over the documents regardless of any bond violation.

The Telangana High Court has ruled that a super-specialty medical college has no authority to retain the original academic and professional certificates of a student who allegedly breached a government service bond. A Division Bench comprising Justice K. Lakshman, who authored the judgment, and Justice B.R. Madhusudhan Rao allowed Writ Appeal No.1422 of 2025 on 28 April 2026, reversing a Single Judge's order that had dismissed the writ petition. The bench directed the college to return all twelve original certificates to Dr. Goteti Ravindranath within one week. The judgment reaffirms a consistent line of Telangana High Court authority holding that withholding certificates as leverage for bond compliance is unconstitutional, and that the only permissible remedy for a bond breach is a civil suit for recovery of money.

The Bond, the Certificates, and the Dispute

Dr. Goteti Ravindranath joined a DM/MCh (Doctorate of Medicine, Master of Chirurgiae) super-specialty course at respondent No.8 College. At the time of admission, the college obtained an undertaking from him dated 11 April 2022. Under that undertaking, he agreed to serve the Government of Telangana by working in Government Hospitals for two years after completing the course. If he failed to join as Senior Resident or did not complete two years of service within a maximum period of 36 months, he undertook to pay Rs.50,00,000/- to the Government.

As a condition of joining, he deposited the originals of twelve documents with the college. These included his Permanent Medical Registration Certificate (MBBS & PG), Permanent MBBS Degree Certificate, Provisional PG Degree Certificate, Internship Completion Certificate, Bonafide and Conduct Certificates, SSC/CBSE and 12th Marks Memos, MBBS and PG Consolidated Marks Memos, Transfer Certificate, and Migration Certificate.

Dr. Ravindranath successfully completed the DM/MCh course during the academic year 2024–2025. The college, however, refused to return his original certificates. Its stated reason was that he had not fulfilled the two-year government service obligation under the undertaking. He filed W.P.No.15250 of 2025 before a Single Judge, who dismissed the petition on 30 July 2025. He then preferred the present intra-court appeal under Clause 15 of the Letters Patent.

The Legal Question: Lien or No Lien?

The central question before the Division Bench was whether the college could lawfully retain original certificates as security for compliance with a service bond, or whether its only recourse upon a breach was to sue for the stipulated sum.

Counsel for Dr. Ravindranath argued that the college had no power or authority to withhold the certificates. Even if the undertaking was violated, the college's remedy was to file a suit for recovery of the Rs.50 lakh penalty — not to hold the documents. Reliance was placed on two earlier Single Judge decisions of this court: Malraju Suhitha v. The State of Telangana (W.P.No.27361 of 2025, decided 12 September 2025) and Ms. Bhashapaka Pragna Vardhini v. The State of Telangana (W.P.No.40238 of 2025, decided 9 January 2026).

Significantly, both the government's own counsel and the university's standing counsel conceded the point. The Assistant Government Pleader for Higher Education, appearing for respondent Nos.2, 5, 8 and 9, “fairly submits that respondent No.8 College has no power or authority to withhold the original certificates.” The Standing Counsel for Kaloji Narayana Rao University of Health Sciences similarly submitted that the college had no lien over the certificates.

How the Division Bench Reasoned

The Division Bench traced the legal position to a 2020 ruling. On 24 January 2020, in W.P.No.21137 of 2019, a Division Bench of this court had struck down paragraph No.7(iii) of G.O.Ms.No.114 dated 5 July 2017. That provision had directed that original certificates submitted by candidates shall not be returned until they complete their course and appear for the university examination. The Division Bench had declared it unconstitutional.

The same view was taken in Mahatma Gandhi Law College, NTR Nagar, Hyderabad v. State of Telangana (W.P.No.22417 of 2018, decided 9 December 2022) and in Sai Lakshmi Saranya v. The State of Telangana (W.P.No.25359 of 2014, decided 29 October 2024).

Drawing on this consistent line of authority, the bench held that respondent No.8 College has no lien over the original certificates of candidates, including Dr. Ravindranath. If he violated the undertaking dated 11 April 2022, the college's entitlement is to Rs.50,00,000/- from him. To recover that amount, it must file a suit. It cannot withhold the certificates.

The bench found that the Single Judge had dismissed the writ petition without considering these aspects, and set aside the impugned order of 30 July 2025.

Order

The Division Bench allowed Writ Appeal No.1422 of 2025 and set aside the order dated 30 July 2025 in W.P.No.15250 of 2025. W.P.No.15250 of 2025 was itself allowed.

Respondent No.8 College was directed to return all twelve original certificates to Dr. Goteti Ravindranath under due acknowledgment within one week from the date of receipt of a copy of the judgment. The twelve documents are: Permanent Medical Registration Certificate (MBBS & PG); Permanent MBBS Degree Certificate; Provisional PG Degree Certificate; Internship Completion Certificate; Bonafide Certificate (MBBS & PG); Conduct Certificate (MBBS & PG); SSC/CBSE (10th) Marks Memo; 12th Marks Memo; MBBS Marks Memo/Consolidated Memo; PG Marks Memo/Consolidated Memo; Transfer Certificate; and Migration Certificate.

Any miscellaneous applications pending in the writ appeal were closed. There was no order as to costs.